Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone
In one of the most bizarre fire service cases in recent times, a state court judge in Texas has issued a ruling in the case of a transgendered woman seeking over $600,000 in benefits as the surviving spouse of a LODD firefighter.
Judge Randy Clapp ruled today that the marriage between Wharton Fire Department Captain Thomas Araguz III, who died in the line of duty on July 3, 2010, and Nikki Azagus, was void because Nikki was formerly a man. She was born Justin Graham Purdue.
Simona Longoria, Thomas’ mother, filed the lawsuit seeking to have the marriage voided on one of two grounds: first because it was between two men and second because it was based upon a fraud perpetrated by Nikki.
The suit alleges Thomas discovered the fraud just prior to his death and moved out seeking to end the marriage. Allegedly Nikki’s gender was first disclosed to Thomas during custody proceedings in the spring of 2010. Ms. Longoria claims Thomas was emotionally distraught over being deceived. Nikki Aragus claims that Thomas knew about her gender and supported her.
The court’s ruling centered on the fact that under Texas law, two men cannot be married and Nikki was legally considered to be a man because she was “born a man”. Accordingly, the $600,000 in benefits will go to Thomas’ children.
